What is child pornography?
Child pornography has been prohibited in Belgium since 1995. Since 2022, the Criminal Code has used the more appropriate term "images of sexual abuse of minors“.
What is to be understood by images of sexual abuse of minors? Article 417/43 Penal Code vis:
2° any material that involves the visual representation by any means of a person who looks like a minor and participates in real or simulated sexually explicit conduct, or that involves the representation of the sexual organs of such person for primarily sexual purposes;
3° realistic images involving the depiction of a non-existent minor participating in explicit sexual conduct, or involving the depiction of the sexual organs of this minor for primarily sexual purposes.
Punishability of child pornography
Possession and access
The acquisition or possession of child pornographic material is punishable by Article 383bis §2 Criminal Code.
The "lovers of the genre" are resourceful. The files are no longer downloaded to one's own PC, but are stored somewhere central, in a place inaccessible to justice. A code or payment gives access to the images, without any form of criminal "possession.
For this reason, knowingly gaining access to child pornography by means of information and communication technology is also punishable. This may be evidenced by online payment traffic to operators of child pornography sites, combined with a record of the websites visited.
Create and distribute
Making or distributing child pornography is punishable by Article 383bis §1 Criminal Code.
View
In principle, viewing child pornography is not punishable.
There are 2 reasons for this: first, it is very difficult to prove that a particular person watches porn; second, it may happen that someone is sent such a file unsolicited and, unknowingly, opens it.
However, if it is proven that the individual knowingly visits a Web site and views the images, this is sufficient for the Supreme Court to find possession of child pornography (Cass. Feb. 3, 2015, AR P13.2070.N; Cass. April 20, 2011, AR P10.2006.F)
What is the penalty for child pornography?
The penalties imposed for child pornography are considerable.
Possessing or accessing child pornography is punishable by imprisonment of one month to one year and a fine of 100 euros to 1,000 euros (to be multiplied x 8).
Making or distributing child pornography is punishable by imprisonment from five years to 10 years and a fine of 500 euros to 10,000 euros (to be multiplied x 8).
If you have been prosecuted for possessing or distributing child pornography or you are a victim, it is appropriate to contact an attorney specializing in this matter. Please feel free to contact us
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